Chandrashekar H @ Chandru v. The State of Karnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 14226 OF 2024 BETWEEN:

CHANDRASHEKAR H @ CHANDRU S/O HUCHAIAH, AGED ABOUT 51 YEARS RESIDING AT NO. 14M 'VASANTHA NILAYA', 18TH CROSS, CHANNAPPA REDDY LAYOUT, VIRATNAGAR, BEHIND ANNAPOORNESHWARI TEMPLE, BOMMANAHALLI, BENGALURU 560 068 …PETITIONER (BY SRI. CHANDRASHEKARA K.A., ADVOCATE)

AND:

THE STATE OF KARNATAKA BY THE POLICE OF MADIWALA POLICE STATION, BENGALURU CITY 560 068, REPRESENTED BY SPP HIGH COURT OF KARNATAKA, BENGALURU 560 001 …RESPONDENT (BY SRI. DIVAKAR MADDUR, HCGP)

THIS CRL.P IS FILED U/S 438 OF CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT HIM ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CR.NO.374/2024 OF MADIVALA P.S. BENGALURU CITY NOW PENDING ON THE FILE OF LEARNED 39TH ADDL.C.M.M COURT BENGALURU CITY FOR THE OFFENCE P/U/S 109,118(1),3(5),351(3) OF BNS 2023

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.25 12:34:22 +0530

ORAL ORDER

Petitioner who is facing investigation for the offences punishable under Sections 109, 118(1), 3(5), 351(3) of BNS, 2023, is before this Court seeking an anticipatory bail under Section 482 of BNSS, 2023,

¶2The FIR was lodged alleging that on 23.11.2024 at about 10.30 p.m., when the husband of the complainant did not receive the phone calls, the complainant continuously called his mobile phone and at that time, the brother-in-law of the complainant attended the call and informed that her husband is admitted to Sanjay Gandhi Hospital for treatment and when the complainant went to the hospital and enquired, she was informed that Chandru, Seena and others with an intention to commit murder, have assaulted the husband of the complainant and his friend Salman with Machet, Long, clubs and knife and other deadly dangerous weapons and threatened him not to do business in the market.

¶3Heard the learned counsel for the petitioner and learned HCGP for the State.

¶4Admittedly, accused No.2 had lodged the First Information Report against the victims for the offences punishable under Sections 109, 118(1) alleging that they have assaulted accused Nos.2 to 4 with an intention to commit

murder. In the said crime, the victim has been enlarged on bail. The alleged incident had taken place on 23.11.2024. The accused No.2 has lodged a complaint against the victim alleging that he had assaulted accused No.2 to 4 and thereafter, accused Nos.2 to 4 were admitted to the hospital on 24.11.2024 and discharged on 29.11.2024. The petitioner was in judicial custody since the date of their discharge as of today. The statement of the victim has been recorded. The medical certificate indicated that the victim was treated as an outpatient and discharged on 24.11.2024.

¶5In the light of the above, the petitioner established a prima facie case for enlarging him on bail. Accordingly, petition is allowed. The petitioner -accused No.1 is enlarged on bail in Crime No.374/2024 registered by the Madiwala police station, Bengaluru for the offence punishable under Sections 109, 118(1), 3(5), 351(3) of BNS, 2023 on the file of *39th Additional Chief Metropolitan Magistrate Court, Bengaluru City, subject to the following conditions:

(i) Petitioner shall furnish a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the *concerned Court;

(ii) He shall not threaten witnesses in whatsoever manner; *Corrected vide Court Order dated 24.01.2025.

(iii) He shall not get involved in similar offences;

(iv) He shall not leave the territorial limits without permission of the jurisdictional Court.

Registry is directed to communicate this order to the Trial Court through e-mail.

(HEMANT CHANDANGOUDAR)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU [CHANDRASHEKAR H @ CHANDRU VS. THE STATE OF KARNATAKA]

24.01.2025 (VIDEO CONFERENCING / PHYSICAL HEARING) CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

ORDER ON 'BEING SPOKEN TO'

This matter is placed before this Court under the caption 'for being spoken to'. There is typographical error in the order dated 31.12.2024, at para 5, in the 7th and 8th line of the Order, and the same has to be corrected as 39th Additional Chief Metropolitan Magistrate Court, Bengaluru City, and further in the operative portion of the Order, at sl.no. (i) in the last line, instead of Trial Court it has to be corrected as "Concerned Court". The Office is directed to correct the autograph accordingly, and to upload the corrected copy. (HEMANT CHANDANGOUDAR)

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